The Borough Council finds it to be in the best interest of the
residents of the Borough of Sharon Hill to provide for certain protections
and safeguards in order to address deteriorated properties, public
nuisances and properties in serious violation of state law and/or
municipal codes. Such protections and safeguards include denial of
permits and actions at law and in equity to address deteriorated properties,
which impact upon crime, the quality of life of our residents and
require expenditure of public funds to correct and/or abate nuisances,
violations and delinquent municipal service accounts.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise.
BOARD
The Zoning Hearing Board or other body granted jurisdiction
to render decisions in accordance with the Municipalities Planning
Code, the State Borough Code, the Code of the Borough of Sharon Hill,
or any board authorized to act in a similar manner by law.
BOROUGH
The Borough of Sharon Hill, County of Delaware, Commonwealth
of Pennsylvania.
BUILDING
A residential, commercial or industrial building or structure
and the land appurtenant to it.
CODE
A building, housing, property maintenance, fire, health or
other public safety ordinance enacted by the Borough. The term does
not include a subdivision and land development ordinance or a zoning
ordinance enacted by a municipality.
COURT
The appropriate court of common pleas or Magisterial District
Judge court.
MORTGAGE LENDER
A business association defined as a "banking institution"
or "mortgage lender" under 7 Pa.C.S.A. Ch. 61 (relating to mortgage
loan industry licensing and consumer protection), that is in possession
of or holds title to real property pursuant to, in enforcement of
or to protect rights arising under, a mortgage, mortgage note, deed
of trust or other transaction that created a security interest in
the real property.
MUNICIPALITY
A city, borough, incorporated town, township or home rule,
optional plan or optional charter municipality or municipal authority
in this commonwealth and any entity formed pursuant to Subchapter
A of Chapter 23 (relating to intergovernmental cooperation).
MUNICIPAL PERMITS
Privileges relating to real property granted by a municipality,
including, but not limited to, building permits, exceptions to zoning
ordinances, and occupancy permits. The term includes approvals pursuant
to land use ordinances other than decisions on the substantive validity
of a zoning ordinance or map or the acceptance of a curative amendment.
MUNICIPAL SERVICES
Services provided at a cost by the Borough or other municipal
entity, including water service, sanitary sewer service, refuse collection
and parking allotments/facilities, which benefit individual properties
and also serve to benefit the overall welfare, safety and health of
all residents of the Borough.
OWNER
A holder of the title to residential, commercial or industrial
real estate, other than a mortgage lender, who possesses and controls
the real estate. The term includes, but is not limited to, heirs,
assigns, beneficiaries and lessees, provided this ownership interest
is a matter of public record.
PUBLIC NUISANCE
Property which, because of its physical condition or use,
is regarded as a public nuisance at common law or has been declared
by the appropriate official a public nuisance in accordance with a
municipal code.
SERIOUS VIOLATION
Refers to a violation of a state law or a code that poses
an imminent threat to the health and safety of a dwelling occupant,
occupants in surrounding structures or passersby.
STATE LAW
A statute of the commonwealth or a regulation of an agency
charged with the administration and enforcement of commonwealth law.
SUBSTANTIAL STEP
An affirmative action as determined by a property code official
or officer of the court on the part of a property owner or managing
agent to remedy a serious violation of a state law or municipal code,
including, but not limited to, physical improvements or repairs to
the property, which affirmative action is subject to appeal in accordance
with applicable law.
TAX DELINQUENT PROPERTY
Tax delinquent real property as defined under the act of
July 7, 1947 (P.L. 1368, No. 542), known as the "Real Estate Tax Sale
Law"; the act of May 16, 1923 (P.L. 207, No. 153), referred to as
the "Municipal Claim and Tax Lien Law"; or the act of October 11,
1984 (P.L. 876, No. 171), known as the "Second Class City Treasurer's
Sale and Collection Act," located in any municipality in this commonwealth.
In addition to any other remedy available at law or in equity,
the Borough may institute the following actions against the owner
of any real property that is in serious violation of a code or for
failure to correct a condition which causes the property to be regarded
as a public nuisance:
A. Actions available.
(1) An in personam action may be initiated for a continuing violation
for which the owner takes no substantial step to correct within six
months following receipt of an order to correct the violation, unless
the order is subject to a pending appeal before the administrative
agency or court.
(2) Notwithstanding any law limiting the form of action for the recovery
of penalties by a municipality for the violation of a code, the Borough
may recover, in a single action under this section, an amount equal
to any penalties imposed against the owner and any costs of remediation
lawfully incurred by or on behalf of the Borough to remedy any code
violation.
C. A lien may be placed against the assets of an owner of real property
that is in serious violation of a code or is regarded as a public
nuisance after a judgment, decree or order is entered by a court of
competent jurisdiction against the owner of the property for an adjudication
under 53 Pa.C.S.A. § 6111 (relating to actions). Nothing
in this section shall be construed to authorize, in the case of an
owner that is an association or trust, a lien on the individual assets
of the general partner or trustee, except as otherwise allowed by
law; limited partner; shareholder; member or beneficiary of the association
or trust.
In the event of a conflict between the requirements of this
chapter and federal requirements applicable to demolition, disposition
or redevelopment of buildings, structures or land owned by or held
in trust for the government of the United States and regulated pursuant
to the United States Housing Act of 1937 (50 Stat. 888, 42 U.S.C.
§ 1437 et seq.), and the regulations promulgated thereunder,
the federal requirements shall prevail.
Where property is inherited by will or intestacy, the devisee
or heir shall be given the opportunity to make payments on reasonable
terms to correct code violations or to enter into a remediation agreement
under 53 Pa.C.S.A. § 6131(b)(1)(iii) (relating to municipal
permit denial) with a municipality to avoid subjecting the devisee's
or heir's other properties to asset attachment or denial of permits
and approvals on other properties owned by the devisee or heir.
Nothing in this chapter shall be construed to abridge or alter
the remedies now existing at common law or by statute, but the provisions
of this chapter are in addition to such remedies.
The Borough Manager, Code Enforcement Department and Borough
Solicitor, and all others employed or appointed by Sharon Hill, are
authorized to take all action necessary to ensure implementation of
and effect the purpose hereof.